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HB 2159

AN ACT relating to the capacity of a minor to consent to certain treatment

House Bill Gámez | Hayes | Spiller | Collier
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Not yet assigned

Fiscal Note

Not available

What This Bill Does

Expands the circumstances under which a minor can consent to medical, dental, psychological, and surgical treatment without parental permission. Specifically, it allows minors who are 16 or older and living separately from parents, managing their own finances, are pregnant, dealing with infectious diseases, addressing drug addiction, or are parents themselves with custody of a child to independently seek medical treatment. The changes aim to provide more healthcare autonomy for minors in certain life situations, taking effect on September 1, 2025.

Subject Areas

Bill Text

relating to the capacity of a minor to consent to certain treatment
for the minor or the minor's child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  The heading to Chapter 32, Family Code, is
CHAPTER 32.  CONSENT TO CERTAIN TREATMENT, CARE, AND SERVICES FOR
[OF] CHILD BY NON-PARENT, MINOR PARENT, OR CHILD
SECTION 2.  Section 32.003(a), Family Code, is amended to
(a)  A child may consent to medical, dental, psychological,
and surgical treatment for the child by a licensed physician or
(1)  is on active duty with the armed services of the
(A)  16 years of age or older and resides separate
and apart from the child's parents, managing conservator, or
guardian, with or without the consent of the parents, managing
conservator, or guardian and regardless of the duration of the
(B)  managing the child's own financial affairs,
regardless of the source of the income;
(3)  consents to the diagnosis and treatment of an
infectious, contagious, or communicable disease that is required by
law or a rule to be reported by the licensed physician or dentist to
a local health officer or the Texas Department of Health, including
all diseases within the scope of Section 81.041, Health and Safety
(4)  is unmarried and pregnant and consents to
hospital, medical, or surgical treatment, other than abortion,
(5)  consents to examination and treatment for drug or
chemical addiction, drug or chemical dependency, or any other
condition directly related to drug or chemical use;
(6)  is unmarried, is the parent of a child, and has
actual custody of that [his or her] child [and consents to medical,
dental, psychological, or surgical treatment for the child]; or
(7)  is serving a term of confinement in a facility
operated by or under contract with the Texas Department of Criminal
Justice, unless the treatment would constitute a prohibited
practice under Section 164.052(a)(19), Occupations Code.
SECTION 3.  Subchapter A, Chapter 32, Family Code, is
amended by adding Section 32.0031 to read as follows:
Sec. 32.0031.  CONSENT TO TREATMENT OF CHILD BY MINOR
PARENT.  A minor who is the parent of a child may consent to medical,
dental, psychological, and surgical treatment for the child by a
licensed physician or dentist if the minor:
(2)  has actual custody of the child.
SECTION 4.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to the capacity of a minor to consent to certain treatment